The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The decision of the court below on the summary of the grounds for appeal (the imprisonment of eight months) is too unreasonable.

2. Determination ① It is an unfavorable circumstance that the crime committed by the Defendant, such as disturbing consumer choice by indicating that the Defendant had been involved in the research and development of the instant department, and increasing the brand value of one’s own company by abusing the parents’ mind that the Defendant intended to make young children safe and good drinking.

② However, there is no history of punishment for the Defendant, and it appears that the Defendant had been detained as near four months after the pronouncement of the lower judgment, and that the opportunity of reflection would have been given to the Defendant, and that the joint Defendant C, a joint Defendant Co., Ltd, published a notice on the Internet website from April 11, 2016 to the point that it would cause confusion with the consumers in connection with the instant crime, and accordingly, it would have been likely that the perception of the consumers, who were committed by the instant crime, would have been corrected to a certain extent. ③ Taking full account of all other circumstances, including the circumstances leading to the instant crime, means, results, and the circumstances after the instant crime, etc., the sentence of the lower court should be deemed unfair because it is without fault.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is reversed, and it is so decided as follows.

[Judgment of the court below] The summary of criminal facts and evidence against the defendant is identical to that of each corresponding column of the court below's judgment. Thus, it shall be quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 95 subparag. 1, Article 13 subparag. 2, and Article 13 subparag. 3 of the Food Sanitation Act concerning criminal facts, and Article 30 of the Criminal Act (including indications that are different from facts in the judgment or are likely to confuse consumers).